A bit of a mystery – tenant still paying rent has moved out?

A bit of a mystery – tenant still paying rent has moved out?

by Readers Question

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9:47 AM, 17th June 2024, About 2 weeks ago 18

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I have discovered that, although my tenants are still paying their rent to me in full, they moved out of the house some weeks ago and are now living in a chalet in a nearby holiday park.

They have been my tenants for the last six years, and apart from the fact that they lived in total squalor, there have been no problems. A couple of months ago, a neighbour phoned to tell me that all the furniture from the house, including mouldy mattresses, was being taken away and wondered if the tenants were leaving.

I phoned the tenant who said that they were scrapping their furniture, and having new so I thought no more of it. However, when I did a recent routine inspection the tenant met me in an empty house. She said that they had moved out so that she could give it a good clean. She planned to get someone in to redecorate and there were tins of paint and a couple of rolls of carpet in the kitchen.

When asked how she could afford to pay rent on two places at once (she and her adult son who lives with her are in very low-paid jobs) she couldn’t give a satisfactory answer, other than to say that they had been saving up.

However, apart from a few kitchen tiles having been cleaned, there was no other evidence that any cleaning or other work had been done in the house since they left, and the house was still absolutely filthy. She said that she had the next week off work and was going to get the cleaning done then. When I got home I looked at the notes I’d made on the last couple of property inspections and found that she’d said the same things both times and that I’d noted the presence of the tins of paint and rolls of carpet a year ago.

This all seems very odd, and I’m sure I’m missing something here, but I have no idea what it is. Has anyone else had a similar experience?

My son says that maybe they are using the house for some illegal purposes, but it’s difficult to know what they could be doing in a house with no furniture. Also, the tenant said that I can go in and check anytime without asking her, using my own key (which I won’t do – not sure it’s legal) so I guess she has nothing to hide.

Apart from the mystery of it all, I’m wondering about using Section 21 while I can to end the tenancy. I can’t ask them to leave as they’ve already left (though she says they plan to move back in). The house was immaculate when they took the tenancy and, although there doesn’t seem to be any actual damage. I fear that the kitchen and bathroom have gone beyond just needing a clean and may need to be replaced, but I am reluctant to do so when I know that they will be in the same state again before long if they move back in.

Any repairs are up to date (although my trusted plumber refuses to go back if their toilet needs repair again, as it made him gag). The house may need fumigating too, and definitely needs a total deep clean, redecorating and re-carpeting.

Would it be the best time, if I want them to move on, to do it now, before they go back to the house?

Any ideas or advice would be gratefully received.

Tricia


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Comments

Paddy O'Dawes

9:52 AM, 17th June 2024, About 2 weeks ago

Maybe use the opportunity to get in some electrical and gas safety checks at depth so you can fully check out the property. I would pay particular attention to the meters and loft space.

Adrian Jones

11:43 AM, 17th June 2024, About 2 weeks ago

A minor point, but you should probably inform your insurance company that the property is empty.

Markella Mikkelsen

11:53 AM, 17th June 2024, About 2 weeks ago

This tenant is not doing you or your house any favours.
There is no shortage of good tenants who will look after your property. Serve a S21 and move on.

Simon M

12:14 PM, 17th June 2024, About 2 weeks ago

Your tenant's stories sound like a pack of lies. I'd begin legal repossession.

Much of your description would be consistent with sub-letting, perhaps to more than one sub-tenant. They would charge a higher rent, paid in cash with no tax, enough to pay your rent and turn a profit. Their income is untraceable - and the sub-tenants would be people who want to stay below the radar. If they used old furniture they could scrap it afterwards.

When I had something similar one clue was my tenant repeatedly used the 24 hours' notice to delay visits to ensure there'd be no evidence of her sub-tenants. The only part that sounds inconsistent is your tenant's offer you can enter at any time. Might she think she can get away with that?

Sub-letting tenants tend to pay on time and cause little trouble because they don't want to attract attention. Have you done regular inspections? Could they have been doing this for some time?

If any of the above rings true then you can't accept the situation. If she's not living there, you'd be in breach of your insurance, and if you have a mortgage you'd breach the agreement. There'd also be the question of whether Right to Rent checks have been conducted.

Rob Crawford

12:46 PM, 17th June 2024, About 2 weeks ago

Serve a section 21 (whilst you still can!) and start planning a refurb. Aim to leave on good terms and say you will arrange the redecoration.

havens havens

14:31 PM, 17th June 2024, About 2 weeks ago

I would recommend taking action now by issuing a Section 21 notice to formally end the tenancy. It seems clear that despite their claims, the tenants have moved out and may not return. Given the state of the property and the uncertainty surrounding their intentions, it's crucial to protect your investment and prepare the property for new tenants promptly. Documenting the condition thoroughly will help support your case for any necessary repairs and cleaning.

Jonathan Willis

16:01 PM, 17th June 2024, About 2 weeks ago

As the tenant is living at another property, you don't need an s21. It's no longer their main residence, so it's no longer an AST, it's just a contractual tenancy now. You can skip directly to a possession order.

Phil rosenberg

18:56 PM, 17th June 2024, About 2 weeks ago

For an AST the property must be their main and only residence I think - Google will confirm the correct wording.

Your building insurance will require some to be living in the property and notification given if it is empty for over a certain period. I they have been out for 6 weeks already, then it is probably already invalidated and you are probably not covered at the moment.

I am similarly at a loss about why they would do this, but subletting as suggested by one of the other comments is as good as anything I can think of. Perhaps it was the sub-tenants that moved out 6 weeks ago and they haven't let it out again yet. Perhaps they told the sub-tenants to be out when you've visited previously.

DPT

19:58 PM, 17th June 2024, About 2 weeks ago

Have you checked the loft and the electrics?

Judith Wordsworth

20:26 PM, 17th June 2024, About 2 weeks ago

If your tenants want to pay for 2 properties until they are in arrears it's actually none of your business. Is the holiday chalet accommodation provided for working at the holiday park? But again not really your business.

"the tenant said that I can go in and check anytime without asking her, using my own key". Get it in writing and ideally witnessed.

Until you have a Deed of Surrender signed and dated it is "their" property until they either leave of their own free will and sign a Deed of Surrender or you serve a s21 and begin the eviction process.

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